- 1 - HC-KAR NC: 2025:KHC:54413 RSA No. 1248 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE DR. JUSTICE K.MANMADHA RAO REGULAR SECOND APPEAL NO. 1248 OF 2016 (PAR-) BETWEEN: 1. CHANNAPPA SINCE DECEASED BY HIS LRS CHANNABASAPPA S/O LATE CHANNAPPA SINCE DECEASED REPRESENTED BY HIS LRS 1(a) G C SHAMBULINGAPPA S/O LATE CHANNABASAPPA AGED ABOUT 45 YEARS 1(b) SMT. SOUBHAGYA @ GEETA W/O YELLAPPA AGED ABOUT 42 YEARS 1(c) SMT. TRIVENI W/O MANJUNATH AGED ABOUT 38 YEARS 1(d) SMT. SHASHIKALA W/O RAVI AGED ABOUT 37 YEARS ALL ARE RESIDENT OF ARABAGATTE POST, HONNALI TALUK, Digitally signed by VIJAYALAKSHMI B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54413 RSA No. 1248 of 2016 DAVANAGERE DISTRICT 2. GURUSHANTHAPPA S/O LATE CHANNAPPA SINCE DECEASED, REPRESENTED BY HIS LRS 2(a) SMT. KARIBASAMMA W/O LATE GURUSHANTHAPPA, AGED ABOUT 62 YEARS, 2(b) RAMESHAPPA S/O LATE GURUSHANTHAPPA, AGED ABOUT 37 YEARS, 2(c) MALLESHAPPA S/O GURUSHANTHAPPA, AGED ABOUT 34 YEARS, ALL ARE RESIDENT OF ARABAGATTA VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT 3. SRI NAGAPPA SINCE DECEASED BY HIS LRS GOWRAMMA W/O LATE NAGAPPA AGED ABOUT 51 YEARS, R/O ARABAGATTE VILLAGE, HONNALLI TALUK, DAVANAGERE DISTRICT-577001 4. SRI NANDEESHA S/O LATE NAGAPPA AGED ABOUT 21 YEARS, R/O ARABAGATTE VILLAGE, HONNALLI TALUK, - 3 - HC-KAR NC: 2025:KHC:54413 RSA No. 1248 of 2016 DAVANAGERE DISTRICT-577001 5. SRI THIRTHAPPA S/O CHANNAPPA AGED ABOUT 49 YEARS, R/O ARABAGATTE VILLAGE, HONNALLI TALUK DAVANAGERE DISTRICT-577001 …APPELLANTS (BY SRI NARAYAN MAYYAR, ADVOCATE FOR SRI S.R.HEGDE HUDLAMANE, ADVOCATE) AND: 1. DUNDYAPPA SINCE DECEASED BY HIS LRS MANJAPPA S/O DUNDAYAPPA AGED ABOUT 42 YEARS, AGRICULTURIST R/O ARABAGATEE VILLAGE, HONALI TALUK, DAVANAGERE DISTRICT NOW R/O DODDA BUDAL VILLAGE, DAVANAGERE TALUK & DISTRICT 577001 2. RAMAPPA S/O DUNDYAPPA AGRICULTURIST R/O ARABAGATTE VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT NO. R/O DODDA BUDAL VILLAGE, DAVANAGERE TALUK & DISTRICT-577001 - 4 - HC-KAR NC: 2025:KHC:54413 RSA No. 1248 of 2016 3. ESHAPPA S/O BASAPPA SINCE DECEASED BY HIS LR SMT. PARVATHAMMA W/O ESHAPPA AGED ABOUT 71 YEARS, R/O ARABAGATEE VILLAGE, HONALLI TALUK, DAVANAGERE DISTRICT-577001 4. SRI BASAVARAJAPPA S/O ESHAPPA AGED ABOUT 51 YEARS, R/O ARABAGATTE VILLAGE, HONALLI TALUK, DAVANAGERE DISTRICT 577001 5. SRI MANJAPPA S/O ESHAPPA AGED ABOUT 46 YEARS, R/O ARABAGATTE VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT 577001 6. SRI MALLESHAPPA S/O ESHAPPA AGED ABOUT 43 YEARS, R/O BATI VILLAGE, DAVANAGERE TALUK, DAVANAGERE DISTRICT -577001 7. HALESHAPPA S/O HALAPPA SINCE DECEASED BY HIS LRS SMT JAYAMMA - 5 - HC-KAR NC: 2025:KHC:54413 RSA No. 1248 of 2016 W/O HALESHAPPA AGED ABOUT 71 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001 8. H. JYOTHIKUMAR S/O HALESHAPPA AGED ABOUT 40 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001 9. MANJUNATHA S/O HALESHAPPA AGED ABOUT 36 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001 10. SHIVAPRAKASH S/O HALESHAPPA AGED ABOUT 34 YEARS, R/O USHA CHANNAIAH HOSPITAL, DOUBLE ROAD, DEVARAJ URS LAYOUT, DAVANAGERE CITY-577001 …RESPONDENTS (BY SRI MOUNESH S.B. ADVOCATE FOR SRI V.B. SIDDARAMAIAH, ADVOCATE FOR R1 AND 2, R-5 SERVED) THIS RSA IS FILED UNDER SEC.100 OF CPC, AGAINST THE JUDGMENT AND DECREE DATED 30.11.2006 PASSED IN R.A.NO.281/2002 ON THE FILE OF CIVIL JUDGE (SR.DN.), HARIHAR, PARTLY ALLOWING THE APPEAL AND MODIFYING - 6 - HC-KAR NC: 2025:KHC:54413 RSA No. 1248 of 2016 THE JUDGMENT AND DECREE DATED 31.01.1996 PASSED IN O.S.NO.146/1991 ON THE FILE OF MUNSIFF & JMFC., HONNALI. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT Learned counsel for the appellants has filed a memo dated 18.12.2025, which reads as under: "It is respectfully submitted that, the Respondents in the above second appeal had initiated Final Decree Proceedings at FDP No.15/2015 before the Hon'ble Addl. Civil Judge at Honnalli. Certified Copy of Petition is attached along with this Memo as Document No.1. Matter being stood thus, during the pendency of the said final decree proceedings, the parties entered into settlement in the presence of village elders and mediates, on the basis of said settlement the Respondents herein filed a Memo before the Final Decree Court on 18.08.2025 and sought to withdraw the pending Final Decree Petition and based on the said Memo the Final Decree Court by its Order dated 13.09.2025 dismissed the as not pressed. Certified copies of Memo dated 18.08.2025 and Order dated 13.09.2025 are herewith produced as Document No.2 & Document No.3 respectively. Wherefore, in view of the above mentioned facts, the above second appeal does not survive for consideration, accordingly this Hon'ble Court may kindly permit the Appellants to withdraw the above second appeal by accepting this Memo to secure the ends of justice and equity." 2. The memo is taken on record. - 7 - HC-KAR NC: 2025:KHC:54413 RSA No. 1248 of 2016 3. In view of the said memo, the regular second appeal is dismissed as withdrawn. Sd/- (DR.K.MANMADHA RAO) JUDGE HDK List No.: 1 Sl No.: 10